RESOLUTION FOR BOARD MEETING OF AUGUST 14, 2008
Title
RESOLUTION adopting a schedule for the execution and completion of construction of the 39th Street Conduit Rehabilitation Project, Contract 01-103-2S
Body
WHEREAS, the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago did on June 1, 2006 adopt Ordinance R06-001 establishing and authorizing the acquisition of right-of-way for the construction of the 39th Street Conduit Rehabilitation Project, Contract 01-103-2S, in Cook County, Illinois; and
WHEREAS, the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago did on April 17, 2008 adopt Ordinance R08-001 amending Ordinance R06-001 of June 1, 2006 for the construction of the 39th Street Conduit Rehabilitation Project, Contract 01-103-2S, in Cook County, Illinois; and
WHEREAS, the Board of Commissioners determines that the completion of the Project in accordance with its schedule adopted by its Board is necessary and essential to the public interest and is required for the public health, welfare and safety and to properly discharge the public duties, power and responsibilities of this District; and
WHEREAS, the General Superintendent has reported that the Attorney has been unable to acquire all necessary rights-of-way for said project through direct negotiations with the respective owners of the real estate involved;
Now, therefore, be it resolved by the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago:
Section 1. That a schedule and plan of operation for the construction, execution and completion of the construction of the 39th Street Conduit Rehabilitation Project 01-103-2S, in Cook County, Illinois, be and the same is hereby adopted and shall be :
a. Execution of Final Agreement August 14, 2008
b. Start of construction December 20, 2008
c. Completion of construction August 31, 2013
Section 2. That it is hereby found and determined that it is necessary to take or acquire the aforementioned fee simple interests in and to the property constituting the right-of-way immediately, in order to comply with the schedule adopted by the Board for the construction, execution and completion of this Project.
Section 3. That inasmuch as negotiations for the acquisition of said property have proven unsuccessful, the Attorney of the Metropolitan Water Reclamation District of Greater Chicago is hereby directed, pursuant to the provisions of Illinois Compiled Statutes Chapter 70, Section 2605/16 and Chapter 735, Section 5/7-103, to immediately acquire the aforementioned fee simple interests.
Section 4. This Resolution shall be in full force and effect from and after its passage.
Dated: this 14th day of August, 2008
Approved:
__________________________________
Terrene J. O’Brien
President
Board of Commissioners
Metropolitan Water Reclamation District
of Greater Chicago
Approved as to form and legality:
________________________________
Carlton Lowe
Head Assistant Attorney
_________________________________
Frederick M. Feldman
Attorney